Legal Question in Wills and Trusts in Florida

The will, unless the notarized document is signed by the deceased, has two witnesses and otherwise conforms to the requirements of a valid will under Florida law.

It sounds like they may be different types of documents. If the 2010 document is a will or a codicil (amendment to a will), then the previous response is correct and it needs to conform with the Florida Probate Code, which requires 2 witnesses. If the other document is a different type of document (such as a Power of Attorney), it may be valid if the creator of the document is still alive. Without reviewing the 2 documents, it is difficult to thoroughly answer your question. If you still have questions about the documents or would like for me to review them for you, feel free to contact me.

I agree that these sound like two different documents. If the second item was not an instrument signed by the decedent, then I'm not sure why you would think it might take priority over a properly executed will. No one else can change a person's will other than him or herself. If the other document is a power of attorney, it would also have to be signed by the person granting power and would no longer be valid after the person's death. I recommend that you have an attorney review these two documents and provide you with a legal opinion. A will needs to be filed with the court within 10 days of the person's death, and then the court will review it for validity. Please see my blog post on probate basics available at www.floridawillmaker.com. There is also a consumer pamphlet on wills available on the Florida Bar's website.

Regards,